Terms and Conditions
1. PURPOSE AND SCOPE OF APPLICATION
The purpose of these General Terms and Conditions for Use (hereinafter, the Terms and Conditions for Use) is to regulate access to content and services for unregistered users of the website owned by Nícoli Network S.L. with address at C/ Londres, 16 – 28232 Las Rozas, Madrid - España - Tel.: +34 91 6266342 - firstname.lastname@example.org, with VAT No. B-848508094 (hereinafter, Nícoli), located at the URL www.nicoli.es.
Nícoli Network S.L. was registered in the Commercial Registry of Madrid, Volume 15,244, Book 0, Folio 180, Section 8, Page M-255305, Entry 1 on 9th May 2000.
1.1. Accessing, browsing or using the services and content of the website implies that the user has read, has knowledge of and accepts the Terms and Conditions for Use unreservedly.
In this respect, any person who uses, browses or accesses any of the content and services offered on this website shall be deemed a user.
1.2. Nonetheless, access to certain content and the use and/or purchase/provision of some services is subject to certain Particular Terms and Conditions or General Terms and Conditions for Contracting that, depending on the case, shall replace, complete and/or amend these Terms and Conditions for Use, otherwise the contradictory terms of the Particular Terms and Conditions or General Terms and Conditions for Contracting shall prevail over those stipulated in these Terms and Conditions for Use.
1.3. Nícoli reserves the right to amend the presentation, settings and content of the website and any of its services, as well as the conditions required for its access, use and/or provision of services offered. The access and use of the content and services after the coming into force of its amendments or the changes to the terms and conditions assume the acceptance thereof.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
2.1. This website is governed by national and international legislation on intellectual and industrial property.
2.2. In no event shall it be understood that the access and browsing by the user of the website or the use, acquisition and/or contracting of products or services offered through the same involves a handling in of your notice, transfer, permit or total or partial assignment of said rights on the part of Nícoli.
2.3. Nícoli is the owner or has obtained the respective permit over the exploitation rights of intellectual and industrial property and over the content and products available through the same.
2.4. Deleting, dodging or manipulating the copyright notice and any other identifier data, or manipulating the copyright notice and any other identifying data of the rights of Nícoli.
It is also prohibited amending, copying, reusing, using, reproducing, publically communicating, making second or subsequent publications, loading files, send by email, transfer, use, or distribute in any way the entirely or part of the content and products. included on www.nicoli.es for public or commercial purposes if there is no express written authorization from Nícoli.
3. USE OF THE WEBSITE
3.1. The user shall have access to the content and use of the services provided by the website free or charge, though some services may be subject to prior registration, prior contracting and/or payment of an amount by the user, which shall be specified in its own General Terms and Conditions for Contracting.
By using the services and/or accessing the content of the website, the user declares his agreement with these Terms and Conditions for Use, committing to not use them to send messages that slander or insult, or that contain false information that is inappropriate, abusive, harmful, pornographic, threatening, damaging the public image or private life of third parties or that for any reason violates a law.
3.3. In particular and including, but not limited to, the user commits to not capture data with advertising purposes, to not send any kind of advertising online and to not transfer, disseminate or make available to third parties through any services that may be provided by Nícoli, information, messages, charts, sound or image files, photographs, recordings, software and, in general, any kind of material, data or content that, by no means exhaustive:
- Involve unlawful or illegal activities or activities contrary to good faith and public order;
- In any way contravene, disparage or attack the fundamental rights and public freedoms constitutionally recognised or in international treaties and other legislation;
- Induce, incite or promote criminal, denigratory, defamatory or violent actions;
- Induce, incite or promote discriminatory actions, attitudes or ideas with regard to sex, race, religion, beliefs or age;
- Incorporate criminal, violent or degrading messages;
- Induce or incite becoming involved in dangerous or risky practices, or practices that are harmful to Health and psychic equilibrium;
- Are false, ambiguous, inaccurate, exaggerated or extemporaneous in such a way that they may lead to error regarding its purpose or the intentions or purpose of the reporting person;
- They are protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from its holders the authorization required to carry out the use that it executes or intends to execute;
- Violate the business secrets of third parties;
- Are contrary to the right to honour, personal and family privacy or the own image of persons;
- Infringe the regulations with regard to the secret of communications;
- Cause, due to their characteristics (as format, extension, etc.) difficulties in the usual operation of the services.
4. PERMIT REGARDING COMMUNICATIONS
4.1. In the event that the user sends information of any kind to Nícoli through the website, via the channels available for such purpose on the actual website, the user states, guarantees and accepts that he has the right to do so freely, that such information does not infringe my intellectual property right, brand, patent, commercial secret, or any other third party right, that said information is not confidential and that such information is not harmful for third parties.
4.2. The user acknowledges assuming the responsibility and shall hold Nícoli harmless for any communication that he personally or in his name supplies, sharing such responsibility with no restriction of accuracy, legality, originality and ownership thereof.
5. LIABILITIES AND GUARANTEES
5.1. Nícoli cannot guarantee the reliability, usefulness or veracity of any services or information that is supplied through the website.
Consequently, Nícoli cannot guarantee and is not liable for: (i) the continuity of the content of the website; (ii) the absence of errors in said content or products; (iii) the absence of viruses and/or other harmful components on the website or in the service that supplies it; (iv) the invulnerability of the website and/or the impregnability of any security measures adopted therein; (v) the lack of usefulness or performance of the content and products of the website; (vi) any damage or harm it causes to itself or to a third party, any person violating the terms and conditions, regulations and instructions established by Nícoli on the website or through the violation of the security systems thereof.
5.2 Nonetheless, Nícoli states that it has adopted all the measures required, within its possibilities and the state of the technology, to guarantee the operation of the website and prevent the existence and transmission of viruses and other components harmful to users.
Should the user be aware of the existence of any unlawful or illegal content, or content contrary to law or that could entail an infringement of intellectual and/or industrial property rights, he shall notify Nícoli immediately so that it may proceed to adopt the appropriate measures.
6.1 Links to other websites
Should the user, from the website, be able to find links to other websites via different buttons, links, banners, etc., these would be managed by third parties. Nícoli has no authority or human or technical means to know, control or approve all the information, content, products or services provided by other websites to which links can be established from the website.
Consequently, Nícoli may not assume any kind of liability for any aspect relating to the website to which a links therefrom could be established, specifically including, but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.
In this respect, should users have effective knowledge of the illegality of activities executed through these third party websites, they shall inform Nícoli immediately in order to proceed to disable the access link thereto.
The establishment of any type of link from the website to another wet outside website will imply that there is existence collaboration or dependence between Nícoli and the party responsible for the outside website.
6.2 Links on other websites directed to the website
Should any user, entity or site, or website want to establish any kind of link directed to the website it shall adhere to the following stipulations:
- The link may only be directed to the home page of the website, unless expressly authorized in writing by Nícoli.
- The link must be absolute and complete, in other words, it must lead the user, by clicking, to the actual URL address of the website, and must fully cover the entire extension of the screen of the home page of the website. In no event, unless expressly authorised by Nícoli in writing, the linking website may reproduce in any way the website, include it as part of its website or within one of its frames, or create a browser on any of the pages of its website.
- On the website establishing the link, it may not be possible to state that Nícoli has authorized said link, unless it has expressly done so in writing. If the entity correctly linking from its website in to the website owned by Nícoli wants to include the brand, name, brand name, logo, slogan or any other kind of identifying element owned by Nícoli and/or the website, it should have express written authorization beforehand.
- Nícoli does not authorise the establishment of a link to the website from any websites containing unlawful, illegal, degrading or obscene materials, information or content, or, in general, any that contravene morality, public order or generally accepted social norms.
Nícoli has no authority or human or technical means to know, control or approve all the information, content, products or services provided by any other websites that have established links directed to the website owned by Nícoli. In this respect, Nícoli assumes no kind of liability for any aspect relating to the website establishing this link, specifically, including not limited to, regarding its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content in general.
7. DURATION AND AMENDMENT
7.1. Nícoli may fully or partially amend the terms and conditions stipulated herein by publishing any change in the same form in which these Terms and Conditions for Use appears, through any kind of communication directed at users.
7.2. The validity of these Terms and Conditions for Use agrees, therefore, with their exposure time, until they are fully or partially amended, when it will move onto being valid in the amended Terms and Conditions for Use.
7.3. Regardless of what may be set out in the Particular Terms and Conditions that are established, Nícoli may end, suspend or interrupt at any time and without the need to give prior notice, access to the content of the website, without the possibility on the part of the user to require any compensation. After said extinction, the prohibitions of use of the aforementioned content shall remain valid in these Terms and Conditions for Use.
8. GENERAL ASPECTS
8.1. The headings of the different clauses are solely informative and shall not affect, qualify or broaden the interpretation of the Terms and Conditions for Use.
8.2. Should any provision or provisions of these Terms and Conditions for Use be deemed void or inapplicable, entirely or partly, by any court or competent administrative body, said nullity or inapplicability shall not affect the other provisions of the Terms and Conditions for Use.
8.3. The non-exercise or execution on the part of Nícoli of any right or provision contained in this legal notice shall not constitute a waiver thereof, unless recognised and agreed in wiring on its part.
9. CONSUMER GOODS WARRANTY
In the event of a faulty product, the seller shall proceed to replace or cancel the agreement, arrangements that shall be free of charge for the consumer and user. The seller answer for any lack of agreement that is expressed within a term of two years from the delivery. The consumer and user shall inform the seller of the lack of agreement within the term of two months from which he became aware of it. Previously and from when Nícoli is informed about the faulty product, it will pass through quality control, in which it is determined whether the fault corresponds to the use of the item or to a manufacturing fault.
These General Terms and Conditions are governed by Spanish law. The parties submit, at their choice and for the resolution of conflicts, and waiving any other jurisdiction, to the courts of the domicile of the user. Likewise, as an entity that observes ONLINE CONFIDENCE and under the terms of its Code of Ethics, in the event of disputes relating to contracting and online advertising, data protection and protection of minors, the user may go to the extrajudicial resolution system of ONLINE CONFIDENCE (www.confianzaonline.es).